If you rent or plan to buy a condominium in Chicago and rely on an emotional support or therapy dog, you may worry that a “no-pets” policy, restrictive condo rules, or a hesitant seller could derail your move. That concern makes sense — but in most cases, the law protects you.
Federal, Illinois, and Chicago fair-housing laws provide strong protections for renters and buyers with disabilities. These laws extend beyond landlords and condominium associations and apply equally to real estate agents, brokers, sellers, and property managers. When housing decisions hinge on the presence of an emotional support animal, the law draws a clear line: discrimination is illegal.
This article explains your rights and how to protect yourself during the housing process.
Emotional Support Animals Are Not Pets
The law does not classify an emotional support animal (ESA) as a pet. An ESA provides emotional or therapeutic support that helps alleviate symptoms of a disability, including anxiety, PTSD, depression, panic disorders, and other mental or emotional impairments.
As a result:
- No-pets rules do not apply
- Breed, size, and weight restrictions do not apply
- Housing providers may not charge pet deposits or pet rent
When an animal assists with a disability, the law treats it as a reasonable accommodation — not a personal preference.
Emotional Support Animals vs. Service Animals: What’s the Difference?
A service animal is typically a dog that has been individually trained to perform specific tasks for a person with a disability, such as guiding someone who is blind, alerting to seizures, or assisting with mobility. Service animals are protected under the Americans with Disabilities Act (ADA) and are generally permitted in public places such as stores, restaurants, and workplaces.
An emotional support animal (ESA), by contrast, is not required to perform a specific trained task. ESAs provide emotional or therapeutic benefits that alleviate symptoms of a disability.
Because of this distinction:
- ESAs are not protected by the ADA
- ESAs do not require specialized training
- ESAs are protected under fair-housing laws, including:
- the Federal Fair Housing Act,
- the Illinois Human Rights Act, and
- the Chicago Human Rights Ordinance
In housing, both service animals and emotional support animals are treated as assistance animals, and housing providers must provide reasonable accommodations for either, even in buildings with no-pet policies.
This distinction often causes confusion, but the key point is simple: while service animals have broader public-access rights, emotional support animals have equally strong housing protections.
The Laws That Protect Renters and Buyers
Federal Fair Housing Act
The Fair Housing Act prohibits disability-based discrimination in renting, selling, or negotiating housing. It applies to condominium associations, landlords, sellers, and real estate agents.
Illinois Human Rights Act
Illinois law expands federal protections and prohibits discrimination in housing sales, rentals, and real estate brokerage services.
Chicago Human Rights Ordinance
Chicago enforces some of the strongest housing-discrimination protections in the country and actively pursues violations involving emotional support animals.
Sellers and Realtors Cannot Discriminate
Sellers and real estate agents may not refuse to sell, rent, delay, discourage, or impose different terms because a buyer or renter has an emotional support animal.
Statements suggesting that a buyer or renter should “look elsewhere” or that a building “doesn’t allow dogs” may constitute illegal discrimination.
The Illinois Real Estate License Act also requires licensees to comply with all fair-housing laws.
Condo “Pre-Approval” Requirements Are Not Permitted
Condominium associations may not require advance or “pre-approval” of an emotional support animal as a condition of purchase, lease, or occupancy. Fair-housing laws require that accommodation requests be evaluated promptly, individually, and in good faith. Boards may request limited documentation, but they may not delay a closing, refuse occupancy, or condition approval on board votes, waiting periods, or discretionary review processes. Unreasonable delay or failure to engage in the interactive process can itself constitute unlawful housing discrimination.
Seller Liability Exists Even If the Sale Never Closes
Sellers should understand that fair-housing liability does not depend on whether a real estate transaction ultimately closes. Under federal, Illinois, and Chicago law, a seller may face liability where a refusal to proceed, delay in closing, or pressure on a buyer is connected to the presence of an emotional support animal.
Housing discrimination can occur even when the buyer never takes possession of the unit. Actions such as discouraging an offer, conditioning the sale on removal of an assistance animal, delaying the transaction, or citing condominium rules as a reason not to move forward may all constitute unlawful discrimination.
Documentation: What Your Medical Note Must Include
Housing providers may request limited documentation confirming:
- You have a disability, and
- Your emotional support animal assists with that disability or alleviates related symptoms
The letter does not need to include:
- A diagnosis
- Medical records
- Treatment notes
- Medication information
- Proof of training
Who Qualifies as a Medical Provider
Who can write the note
Documentation must come from a licensed healthcare professional acting within the scope of their license, including:
- Physicians (MD or DO)
- Psychologists or psychiatrists
- Licensed clinical social workers
- Licensed professional counselors
- Nurse practitioners or physician assistants
Federal and Illinois law allow telehealth providers, and housing providers may not reject documentation solely because the consultation occurred remotely.
Documentation: What You Need
Housing providers may request documentation confirming a disability and the need for an emotional support animal. They may not require medical records, diagnoses, training certificates, or ESA registration cards.
Put Everything in Writing
Submit all accommodation requests, documentation, and responses in writing. Written records become critical if discrimination occurs.
When a Housing Provider May Deny an ESA
A housing provider may deny an ESA only if the animal poses a direct threat, causes substantial property damage, or creates an undue burden. Speculation, fear, or stereotypes do not justify denial.
Penalties for Discrimination
Improper denial of or interference with an ESA accommodation may result in:
- Emotional distress damages
- Out-of-pocket losses
- Civil penalties
- Attorney’s fees and litigation costs
Individuals may pursue claims through HUD, the Illinois Department of Human Rights, or the Chicago Commission on Human Relations.
When to Contact 1818 Litigation Attorneys
You may face unlawful housing discrimination if you experience:
- Refusal to allow an emotional support animal
- Excessive documentation demands
- Delays or non-responses
- Pressure to withdraw an offer or lease
- Statements discouraging your purchase or rental
1818 represents renters and buyers in emotional support animal and disability-accommodation disputes throughout Chicago and Illinois. Early legal involvement often prevents failed closings, housing instability, and prolonged disputes.
Contact us today to discuss your situation.
